Sears v. Morrison

76 Cal.App.4th 577 (1999)

Facts

D put a swamp cooler on a furniture dolly and removed its sides, exposing the machinery. While working on it, D caused it to fall on himself. P tried to help him because he was in poor medical condition be unable to breathe with the heavy machine on top of him. When P tried to lift the swamp cooler off of Morrison, her hand was severely cut by a moving part. P sued D. The trial court granted D's motion for summary judgment. P appealed.